The Texas State Board of Dental Examiners adopts new rule §108.15, relating to emergency preparedness. This rule is adopted without changes to the proposed text as published in the September 2, 2016, issue of the Texas Register (41 TexReg 6609).

New rule §108.15 establishes a requirement that dentists maintain and update written policies and procedures for responding to emergency situations.

The Board received two written comments regarding the new rule:

- The Texas Academy of General Dentistry submitted a comment relating to emergency preparedness requirement. TAGD supports the concept of the rule, but believes the rule as drafted is ambiguous, and that it would be helpful if the Board provided guidance on the basic requirements of a plan and the effective date that offices are required to have a plan.

The Board disagrees with the recommendation that the rule requirements be more specific. The Board has chosen to give dentists flexibility in drafting their plan. The Board also disagrees with the effective date request because dentists should already have an emergency plan as part of their standard of care- this rule only makes that necessity explicit.

- The Texas Dental Association submitted a comment in support of the rule as written, noting that dentists are currently required to have emergency equipment and to have properly trained staff in emergency procedures. The rule merely requires that dentists write down their policies and review them annually.

The Board agrees with TDA's comment.

Rule §108.15 is adopted under Texas Occupations Code §254.001(a). The Board interprets §254.001(a) to give the Board authority to adopt rules necessary to perform its duties and ensure compliance with state law relating to the practice of dentistry to protect the public health and safety. No other statutes, articles, or codes are affected by the rule.